Equity, Trusts and Commerce

Equity, Trusts and Commerce

by Paul S Davies, James Penner

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This collection of essays, written by leading commentators from across the common law world, examines a range of topics concerning Equity and Trusts in the commercial context. The essays investigate the way in which doctrines derived from the equitable jurisdiction interact with and shape various areas of the law, including company law, commercial law and agency law. Subjects considered include the difficulties in identifying trust assets in the commercial context; the court's role in supervising the trust; and the remedies available in cases of fiduciary or trustee wrongdoing. This book will be of interest to both academics and practitioners working in these difficult areas of equity and commercial law.

Product Details

ISBN-13: 9781509907304
Publisher: Bloomsbury Publishing
Publication date: 05/18/2017
Series: Hart Studies in Private Law
Sold by: Barnes & Noble
Format: NOOK Book
Pages: 384
File size: 3 MB

About the Author

Paul S Davies is Associate Professor in Law at the University of Oxford, and Fellow of St Catherine's College, Oxford.
James Penner is Professor at the Faculty of Law, National University of Singapore.
Paul S Davies is a Professor of Commercial Law at University College London.

Photo courtesy of Faculty of Law, University of Oxford.
James Penner is a Professor at the Faculty of Law, National University of Singapore. He took an honours B.Sc in Genetics at the University of Western Ontario in 1985, an LL.B at the University of Toronto in 1988 and completed his D.Phil at University College, Oxford in 1992. His thesis formed the basis of The Idea of Property in Law (Oxford: Oxford University Press, 1997) which won the 1997 Society of Public Teachers of Law First Prize for Outstanding Scholarship by a Younger Scholar (now renamed the 'SLS Peter Birks Prize').
Since 1992 he has taught law at Brunel University, the London School of Economics, King's College London, and most recently from 2008 until 2013 as Professor of Property Law at the Faculty of Laws, University College London, serving from 2011 to 2013 as Head of Department. He has established himself as one of the world's leading experts in the philosophy of property and the law of trusts, and writes more widely in the areas of private law and the philosophy of law. He has been a visiting professor in China, Canada, Belgium, and Australia.

Table of Contents

1. Equity, Shareholders and Company Law
Tan Cheng-Han and Wee Meng-Seng
2. Some Aspects of the Intersection of the Law of Agency with the Law of Trusts
Peter Watts
3. Equity in the Marketplace: Reviewing the Use of Unconscionability to Restrain Calls on Performance Bonds
Tang Hang Wu
4. Certainty, Identification and Intention in Personal Property Law
Michael Bridge
5. Floating Trusts
Robert Stevens
6. 'Sort of' Backwards Tracing
James Penner
7. Invoking the Administrative Jurisdiction: The Enforcement of Modern Trust Structures
Richard Nolan
8. Trusts, Objectivity and Rectification
Simon Douglas
9. The Arbitrability of Trust Instruments: Why Not?
Elaine Chew
10. Bribery
Paul S Davies
11. Accessory Disloyalty: Comparative Perspectives on Substantial Assistance to Fiduciary Breach
Deborah A DeMott
12. Equitable Liability of Corporate Accessories
Jamie Glister
13. The Nature of 'Knowing Receipt'
William Swadling
14. Exposing Third-Party Liability in Equity: Lessons from the Limitation Rules
Sarah Worthington

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